Friday

9th Dec 2016

Focus

EU to Poland: artists should be free to 'shock'

  • Behemoth at work: what is art anyway? (Photo: Metal Chris)

The European Commission has said that Poland's prosecution of a rock group for "blasphemy" is against European values.

It said on Wednesday (31 October) in a written statement for EUobserver that "national blasphemy laws are a matter for the domestic legal order of the member states."

Dear EUobserver reader

Subscribe now for unrestricted access to EUobserver.

Sign up for 30 days' free trial, no obligation. Full subscription only 15 € / month or 150 € / year.

  1. Unlimited access on desktop and mobile
  2. All premium articles, analysis, commentary and investigations
  3. EUobserver archives

EUobserver is the only independent news media covering EU affairs in Brussels and all 28 member states.

♡ We value your support.

If you already have an account click here to login.

But it added that EU countries must respect international pacts.

It cited the European Convention of Human Rights, a Poland-signatory treaty attached to the Strasbourg-based rights watchdog, the Council of Europe, on freedom of expression.

"This right protects not only information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference, but also those that offend, shock or disturb," the commission said.

The statement comes amid a row in Poland over a heavy metal band called Behemoth.

Its lead singer, Adam Darski, while on stage in 2007, ripped up a Bible and called the Roman Catholic church a "murderous cult."

In a case with echoes of Pussy Riot in Russia or Mohammed cartoons in Denmark, the Polish supreme court on Monday said prosecutors can go after Darski on the basis of article 196 of Poland's penal code on "the crime of offending religious sensibilities."

In theory, he faces two years in prison. But nobody expects a jail sentence if he loses.

"[The decision] is negative and restricts the freedom of speech ... We are still arguing that we were dealing with art, which allows more critical and radical statements," Darski's lawyer, Jacek Potulski, told Reuters.

"The supreme court said clearly that there are limits for artists which cannot be crossed," Ryszard Nowak, a former MP for the right-wing Law and Justice opposition party, said on Polish TV.

EU asylum return focus expands police scrutiny

EU interior ministers agreed to start legislative talks with the EU parliament to expand the scope of an asylum database, Eurodac, to include migrants and stateless people.

Column / Brexit Briefing

The Brexit picture starts to emerge

The week in Westminster and Brussels highlight the difficulty Theresa May faces in trying to keep control of the Brexit timetable.

News in Brief

  1. Council of Europe critical of Turkey emergency laws
  2. Italian opposition presses for anti-euro referendum
  3. Danish MP wants warning shots fired to deter migrants
  4. Defected Turkish officers to remain in Greece
  5. Most child asylum seekers are adults, says Denmark
  6. No school for children of 'illegal' migrants, says Le Pen
  7. Ombudsman slams EU Commission on tobacco lobbying
  8. McDonald's moves fiscal HQ to UK following tax probe

Stakeholders' Highlights

  1. Swedish EnterprisesHow to Use Bioenergy Coming From Forests in a Sustainable Way?
  2. Counter BalanceReport Reveals Corrupt but Legal Practices in Development Finance
  3. Swedish EnterprisesMEPs and Business Representatives Debated on the Future of the EU at the Winter Mingle
  4. ACCASets Out Fifty Key Factors in the Public Sector Accountants Need to Prepare for
  5. UNICEFSchool “as Vital as Food and Medicine” for Children Caught up in Conflict
  6. European Jewish CongressEJC President Breathes Sigh of Relief Over Result of Austrian Presidential Election
  7. CESICongress Re-elects Klaus Heeger & Romain Wolff as Secretary General & President
  8. European Gaming & Betting AssociationAustrian Association for Betting and Gambling Joins EGBA
  9. ACCAWomen of Europe Awards: Celebrating the Women who are Building Europe
  10. European Heart NetworkWhat About our Kids? Protect Children From Unhealthy Food and Drink Marketing
  11. ECR GroupRestoring Trust and Confidence in the European Parliament
  12. UNICEFChild Rights Agencies Call on EU to put Refugee and Migrant Children First